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Administrative law and the family courts
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Public bodies and applications in the family courtThe case of
Re X (A Child) [2014] EWHC 2522 (Admin) prompts the question whether the family court should not hear all issues with administrative law aspects or on other interventions by public bodies.
The court hears such applications daily in care proceedings (often called ‘public law’) where a public body is invariably the applicant. Other public bodies are parties in a variety of family proceedings: such as
Revenue and Customs v Charman [2012] EWHC 1448 (Fam)
[2012] 2 FLR 1119 (unsuccessful application by HMRC for a husband’s family proceedings documents);
Re X and Y (Disclosure of Judgment to Police) [2014] EWHC 278 (Fam) [2014] 2 FLR (forthcoming) (child proceedings documents to be disclosed to the police); ‘originating summons’ application for specimen of dead person’s DNA:
CM v The Executor of the Estate of EJ (deceased) and Her Majesty’s Coroner [2013] EWHC 1680 (Fam)
[2013] 2 FLR 1410).
These cases started as family proceedings under Family Procedure Rules 2010 (FPR 2010)...
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